CH 4 - Search & Surveillance Flashcards
What is the definition of Reasonable grounds to believe?
A
- sound basis
- believing
- that a situation or circumstance
- ACTUALLY exists.
What is the definition of Reasonable grounds to suspect?
sound basis
for suspecting
that a situation or circumstance
LIKELY to exist.
Definition of Evidential Material. ETR
- Evidence of the offence or any other item
- tangible or intangible
- relevant to investigation
What is a tracking device?
LO
Device (electronic or other) to help ascertain:
- location of thing or person
- AND/OR
- Whether a thing has been tampered/opened/dealt with
What is an Interception device? IRP
Device capable of
- intercepting
- recording
- A private communication:
- Does not include hearing aid
What is a Visual Surveillance device?
ORP
Electrical, mechanical, optical, electro optical, instrument or device capable of
- observing
- recording
- private activity:
Does not include glasses
What are the two types of searches that can be conducted immediately following arrest?
- Rubdown s.85-87
- Warrantless Search s.88
What is the primary purpose of a s.11 search of people in police custody and who should conduct the search?
PR
- protect person’s property
- remove items that they might harm themselves with.
- custodial or watchhouse employees
Where can a warrantless search of a person taken into custody take place? PVL
- Police Station
- Police Vehicle/Premises (police purpose)
- Locked up (pending bail decision)
When can you conduct a search of a person after they have been locked up?
NCP
- not searched before
- suspect close proximity to person not locked up/locked up
- RGTB person has possession anything that may be used to cause harm
What grounds do you need to apply for a search warrant?
SOL
Reasonable grounds to suspect:
- offence punishable by imprisonment being/about to/has been committed AND
- search will locate evidential material related to offence in place vehicle or thing
What must an issuing Officer be satisfied of to issue search warrant?
SIC
Reasonable grounds to suspect:
- Imprisonable offence
- is / will / has been committed
What must an issuing Officer be satisfied of in relation to you having reasonable grounds to believe?
B LRI
- Search will locate evidential material
- related to offence
- in/on place, vehicle, thing
What does a search warrant authorise you to do?
ESE
- Enter
- Search any Place, vehicle, thing &
- for evidential material relevant to an imprisonable offence
An issuing officer may allow a search warrant application to be given orally if: DD
- delay would compromise search
- properly determined by oral comms
all info supplied to issuing officer must be back captured in S&S system withing 24 hours
What are the steps for making a Written applications?
AN RC ADH NRA PS
- Obtain initial approval
- Set-up NIA case
- Assess Risk
- Assess community impact
- Complete application
- Complete de confliction
- Application history
- Complete NIA checks
- Record other applications
- Seek online approval
- Print and sign warrant/ Application
- Seek issue of warrant
What must the issuing officer not require the applicant to disclose?
May ask questions when wanting to assess:
CP
- Informant name, address, identifying details
- credibility of informant
- proper basis for issuing warrant
What powers do you have under s117 SSA?
ESD
- enter and secure place/vehicle/thing
- secure items
- direct person to assist
s.117 The power to enter a place and securing items prior to a search warrant being granted, can only be used up until the first of the following occur?
6WR
- 6 hours after first exercised
- warrant is made available
- warrant is refused
When applying for a search warrant you must list the details of any previous applications for the last __ months and _______ of those application(s)
- 3 months and
- results
When do you NOT NEED a surveillance device warrant?
TCA
- record without trespass
- covert audio recording between two persons where one person consents to recording
- authorised by another act
Purpose of the act s.5
What are the three elements?
MRI
- Modernising the law of search, seizure, and surveillance to take into account advances in technologies and to regulate the use of those technologies
- Providing rules that recognise the importance of the Rights and entitlements affirmed in other enactments, including the Bill of Rights Act 1990, the Privacy Act 1993, and the Evidence Act 2006
- Ensuring investigative tools are effective and adequate for law enforcement needs.
What does “locked up” mean?
LBP
“Locked up” means a person
- taken into lawful custody
- and being placed behind a closed or locked door
- that prevents them from leaving.
cell, charge room, vehicle used for Police purposes
Who may apply for a search warrant? EO
- Any constable may apply for a search warrant.
- Other persons are authorised to apply under other enactments.
Supervisor’s approval required before applying
WSR
- Where practicable, you must obtain written (includes electronic) authority from a supervisor
- of or above the position level of sergeant
- A written ‘Pre-Search Warrant Risk Assessment SP 240’ must be submitted to the supervisor at the time of seeking authorisation
What is an informant?
PVRL
- any person who provides
- verbal or written information
- whether or not in recorded form
- to a law enforcement officer.
Three types of surveillance device?
ITV
- Interception device
- tracking device
- visual surveillance device
Surveillance with or without trespass
TN
- No surveillance device and no trespass is involved, then neither a warrant nor a warrantless surveillance power is needed
- No surveillance device but trespass is involved, then a search warrant is required.
